Jairam Ramesh's controversial Land Bill draws flak

Experts say the bill is an empty shell that exempts 90% major development projects.

Rural Development Minister Jairam Ramesh's pet land acquisition, rehabilitation and resettlement Bill, 2011 has run into major roadblocks in the parliamentary standing committee. Various stakeholders, including farmers' organisations, NGOs and legal experts contend that in its present form, the Bill is an empty shell that exempts 90 per cent major development projects - highways, nuclear plants, mines, SEZs et al-in the name of which, land is being acquired across the country.

The major bones of contention are sections 97, 98 and 99 of the Bill. Section 97 states that the provisions of the Bill shall not be in derogation of any other law in force. Sub-section (1) of Section 98 says that the provisions of the Bill shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule of the Bill.

The Fourth Schedule has 16 Bills, including the ancient monuments and archaeological sites and remains Act, 1958, the atomic energy Act, 1962, the cantonments Act, 2006, the metro railways (construction of works) Act, 1978, the national highways Act, 1956, the special economic zones Act, 2005, the railways Act, 1989 and the works of defence Act, 1903.

"It is an exercise in deceit. The government is trying to hoodwink the people by claiming that this is a comprehensive legislation," Kisan Sabha president and CPM politburo member S. Ramachandran Pillai told Mail Today all appear before the panel with a point-by-point analysis of the Bill on December 8.

"We will campaign against this Bill. What is claimed to be given by one hand is taken away by the other," he added.

Sub section (1) of Section 99 has also raised a controversy. It says that the Union government may, by notification, amend or alter any of the schedules of this Bill. "Such a provision is surprising. This clause has been added to suit the neo-liberal economic agenda of the UPA government," Pillai added.

Rural Development Minister Jairam Ramesh.

The definition of public purpose in the Bill has also come under criticism. Critics say that the definition "includes everything". Supreme Court lawyer Rajeev Dhavan, who made a detailed presentation before the panel, said: "A novel feature of the Bill is to support private acquisitions for a public purpose where the private company has consent of 80 per cent of the affected persons. It seems untidily clear from the applicability clause 2(1) that there is a distinction between public-private partnership acquisition and other acquisitions," Dhavan said.

The Parliamentary standing committee on rural development, which is headed by BJP MP Sumitra Mahajan, has started taking objections and suggestion from various organisations and individuals on the Bill. The government was in touch with Mahajan for an early completion of the process.

However, it is learnt that the panel will take some more time to table its report. "It is an important Bill. We need to study it in detail. Many individuals and organisations are keen to make their presentations on the legislation." Civil rights activist Medha Patkar had said the Bill will trigger more conflicts.